Charter commission increases council size, returns recall

Tuesday

Mar 31, 2009 at 2:00 AMMar 31, 2009 at 1:38 PM

The move to an elected chief executive was a step too far for a majority of the Barnstable Charter Commission, but changes voted Monday night (March 30) will change its final report in a number of key areas.

The move to an elected chief executive was a step too far for a majority of the Barnstable Charter Commission, but changes voted Monday night (March 30) will change its final report in a number of key areas.

Altering the document it will propose for voter action, the commission added two more at-large councilors, changed the council president to the top vote getter among at-large councilors, returned a recall provision and restored the town collector to an elected position. The commission also agreed to include a citizen grievance procedure.

A final vote for an elected top executive failed 6-1 at the commission’s March 26 meeting.

The commission’s decision to de-emphasize the council president’s position was a direct result of the comments received at its two recent public hearings. Most commenting had reservations or questions about the position. The commission had recommended that the voters directly elect the president as a distinct office. The current proposal would have the top vote getter of at-large members serve in that role. There was no additional discussion about the proposed $36,000 salary for the council president.

On March 30 the charter commission received a letter from the state Attorney General’s Office approving the preliminary report as presented.

“We find that the proposed charter does not conflict with the Constitution or laws of the commonwealth and on that basis we approve it,” the AG’s office wrote.

The letter did offer some suggestions for the commission to consider in its final document. The recommendations sought to clarify some of the eligibility requirements and the process for filling vacancies.

The commission also heard from 1988-89 charter commission chairman Michael Daley, who has been critical of this commission’s omission of a transitional section within its preliminary report. Daley’s comments, published in his March 20 column for the Patriot, caught the attention of town councilor and charter commissioner Greg Milne, who sought clarification at the commission’s March 26 meeting and again on the 30th.

Chairman Richard Clark offered Daley an opportunity to address his comment to the commission.

Daley first declined the opportunity to speak, but was further encouraged by Clark to come to the podium to “weigh in.”

“I don’t feel as l weigh that much,” Daley said, drawing some smiles.

His greatest criticism was that the commission did not include information on how the transition from the government that exists would transition to the government proposed, including how the issue of required redistricting would be handled.

The commission’s primary consultant, Steve McGoldrick of Charlestown, has said that the commission could provide for what it wanted in the transition. Daley didn’t disagree, but said complicating matters would be “adverse to the success of your endeavor.

“While you have a range of infinity, you really don’t,” Daley said.

Paraphrasing, Clark said, “While the range of possibilities is large, the range of practicality is not.” Daley agreed with the summation.

That led into a discussion about the eventual transition from one charter to the next, as well as other changes reflecting some of what the commission heard at its two public hearings over the past two weeks.

By the end of the meeting, the commission was considering what Milne termed “a soft transition,” activating the at-large council members in advance of the census-driven redistricting and maintaining the 13 precinct-elected councilors for a total body of 19.

That would be one more than the initial 18-member town council in 1989.

The commission next meets April 7, when additional language headed toward the final document will be discussed. The commission must issue its final report by May 6.

Read the full story in Friday’s Barnstable Patriot

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